A COMAPARATIVE STUDY OF PRISON SYSTEMS IN AFRICAN COUNTRIES By
OLUYEMI ADETUNJI STEPHENS
Submitted in accordance with the requirements for the degree of
Ph.D in CRIMINAL JUSTICE SYSTEM
in the subject
CORRECTIONS MANAGEMENT
AT THE UNIVERSITY OF SOUTH AFRICA
April 2018
i DECLARATION
I declare that A comparative study of prison system in African countries
is my own work and that all sources I have used or quoted have been indicated and
acknowledged by means of complete references
.
Signature……… Date………..
ii Dedication
This thesis is dedicated to the Almighty God who has being and is still faithful and
gracious. His mercies endure forevermore. He has and stills my pillar of strength, my rock of defense and ever present of help in times of need.
iii Acknowledgement
I wish to acknowledge the Almighty God for His abiding presence, His grace and mercy for helping me throughout the course of this study. Without the Almighty God this thesis will not be a reality.
I wish to acknowledge and appreciate my supervisor and mentor Professor CH Cilliers. Prof Cilliers is not only my supervisor, he is my father, an erudite scholar, an academic per excellence. His contribution to the realization of having a Ph.D in Criminal Justice System with specialization in Corrections Management cannot be quantified. He is always ready to listen and offer quality advise. Many a times my heart will be so heavy before I get to him but immediately I get to his office and pour out my heart, his words of encouragement and guidance lifts up the burden in my heart. I appreciate all your quality and valuable contributions towards the journey that culminated in the completion of this thesis. I will always be in touch with you to drink from your fountain of knowledge and God willing transfer the knowledge I have acquired from you to upcoming researchers.
Furthermore, I will like to sincerely appreciate the support, encouragement, love and prayers of my wife Margaret Olayinka Stephens. You have always stood by me and moreso in the course of this second ‘Ph.D missionary journey’ you did not leave me alone to it. Whether you were here in South Africa or in Nigeria you are always asking about the progress of the study. I pray God will preserve us and make a way such that I can have a good opportunity to use the qualification to reward you support. I also want to acknowledge the sacrifice and understanding of our Generals Temitope, Oluwafeyisayo, Obaloluwa and Titobilouwa. Many a times you ask the question ‘Daddy where are you going again? Are you not going to stay with us?’ Such questions are borne out of love and the need for attention. I apologise for the absence but by the grace of God, the benefits of the absence which is culminating into this qualification will be far greater than the absence in Jesus name. I love you with the whole of my heart. For my siblings back in Nigeria and Canada, I appreciate your support and prayers.
I want to acknowledge Dr Judith Mateota, the former COD of Corrections Management,College of Law, UNISA, she was the one who agreed to supervise the thesis, she actually started with me but had to move on to greater heights. She handed me over to Prof Cilliers who incidentally was her own supervisor. For all your efforts, I say thank you. I must also acknowledge my ‘mum’, Professor Emeritus NM Nel of the Department of Psychology of Education who was my mentor during my Post -Doctoral Fellowship at the Department of Psychology of Education, College of Education UNISA. In the course of this study she was always asking about my progress. Your mentoring and prayers has helped me a lot.
It is noteworthy to mention my special people, my friends behind the bars all over the world and especially in Nigeria, you are the main motivating factor for embarking on this ‘second Ph.D missionary journey’. Though I am absent in the body, my spirit is always with you. I hope sincerely that government and stakeholders in the criminal justice system all over the world
iv and in Africa especially will rise up to the challenge of making our prisons to truly be a rehabilitation and correction centre
Oluyemi Adetunji Stephens Ph.D April,2018
v Summary
The situation of prisons in Africa has been of concern to practitioners in the criminal justice system, researchers, policy makers, the government and even international organizations. Likewise, is the challenge of not having adequate information about prison system in Africa. In addition, most African countries are signatories to international treaties and convention regarding the treatment of prisoners, to what extent are prisons in Africa complying with the provisions and recommendation of such treaties and conventions. This study was therefore designed to explore the prison system in Africa countries.
As part of its objectives the study explored the prison condition in countries in Africa as exemplified by the physical structure of the prison buildings; living conditions with regards to overcrowding, medical care, separation of categories, food, sanitation, beds and beddings, administration and independent monitoring. Furthermore, the treatment and prison conditions of pre- trial detainees were also considered. Similarly, this thesis evaluated the treatment and prison conditions of prisoners with special needs. This category of prisoners include prisoners with mental health care needs, prisoners with disabilities, foreign national prisoners, older prisoners, prisoners on the death row and prisoners living with HIV/AIDS. The conditions and treatment of women prisoners, pregnant women prisoners, and babies living with their mothers in prison were also discussed. The Nelson Mandela Rules, Kampala and Luanda declarations were employed as a bench mark to ascertain whether the treatment and conditions in prisons in Africa meet up to international standards.
The study adopted a qualitative approach of inquiry using literature search as mode of inquiry. Data for the study was obtained from books, reports from international organisations such as United Nations, United Nations Office on Drugs and Crime, Penal Reform International, Amnesty International, international conventions and treaties among others, journals (Local, Africa and International), reports from selected countries, government legislations, policies, Acts, previous studies on prison system, web based information and national data.
The review of literature with regards to physical structure revealed that most prisons in African countries do not meet international standards pertaining to the issue of physical structure as most prison building are dilapidated and in bad conditions. The study further revealed that the prisons and treatment of prisoners in African prison do not meet international standards. In specific terms, most of the prisons in countries in Africa are overcrowded; most prisons are also characterized by inadequate medical care with lack of facilities, medical personnel and medications. To a large extent most prisons do not meet international standards with reference to separation of categories as most prisons in countries in Africa lock up awaiting trial persons with convicted persons, minor offenders with adult but in most cases women are separated from men. The food situation in most prisons in countries in Africa did not meet international standards in quantity and nutritional value. The finding of the study indicated that the sanitary conditions in most prisons in countries in Africa is in very poor condition which could lead to an outbreak of diseases, this too did not meet international standards. Most prisons in countries
vi in Africa are typified by lack of beds and beddings, prisoners in some prisons sleep on bare floors while some sleep standing while others sleep in shifts. This condition does not meet international standards. With regards to administration it was equally revealed that the record keeping of most prisons in countries in Africa is inadequate, most prisons do not have an ombudsman where prisoners could lodge their complaints while corruption seem to also be rife. This do not meet international standards as well. However, on a good note, most prisons in countries in Africa do permit independent observers such as NGOs, human rights organisations and international organization to have access to the prisons
Furthermore, literature search disclosed that the population of awaiting trial person in prisons in Africa is very high when compared to the total prison population and that some countries in Africa are among countries in the world with highest number of pre - trial detainees. The treatment and living conditions of pre - trial detainees in most prisons in African countries do not meet international standards as they are locked in overcrowded cells, often locked up with convicted persons, no legal representation and having to stay longer that the stipulates without being charged to court.
The thesis also conducted literature search on prisoners with special needs and the study point out that in each of the categories, prisons in countries in African countries do not meet international standards. For instance, there are no provisions to meet the mental health care needs of prisoners as there are no mental health practitioners, no facilities and no screening is conducted in most prisons. Similarly, there are no facilities to assist prisoners living with physical disabilities as well as older prisoners. The situation with foreign national prisoners are not different as there are no translation of prison materials that could make them adjust well to prison life, in some cases their consular are not contacted that they are in prison. With regards to prisoners on the death row, their conditions did not meet international standards as they are locked up in solitary confinement for most part of the day and their cells are often dirty with inadequate food and medical care. Some of this category of prisoners have been on the death row for as long as twenty years. For prisoners living with HIV/AIDS their treatment and condition does not met international standards as there are not treatment of any kind neither is there any form of screening conducted for inmates. For women prisoners, the treatment and conditions do not meet international standards as most prisons were not designed with women in mind. The living condition is unsanitary, unhygienic exemplified with inadequate toilet and bathroom facilities as well as no supply of peculiar needs of women such as sanitary towels. Review of literature equally indicates that there is no special treatment given to pregnant women prisoners. For children living with their mothers in prison, their treatment does not meet international standards as there is no special provision made for them, they share food with their mothers, some are locked up with their mothers for hours in overcrowded cells. Based on the finding of this study, some recommendations were made. These include the need to conduct more studies on prisons in countries in Africa, the need to consider reviewing the indigenous methods of treatment of offenders before the advent of colonial masters, need for a synergy amongst all practitioners in the criminal justice. Other recommendations are that there should be more advocacy on the prison conditions, need to establish a special trust fund,
vii involve the private sector as well as professional bodies and to professionalize corrections management
Keywords: criminal justice system, international standards, pre- trial detainees, prison
conditions, prison system, prisoners with special needs, treatment,
viii Table of Contents
Chapter One: Introduction to the study………
Background to the study……….1
Problem Analysis……….2
Justification for the study……….3
Demarcation of study………...4 Comparative study………5 Research Methodology……….6 Research Method………..6 Data Collection……….7 Expected outcome……….8 Chapter Outline……….9
Limitation of the study……….10
Chapter Two: Criminal Justice System Introduction……….13
The System theory………13
Criminal justice and the system theory………14
What is criminal justice system?...16
Historical background of criminal justice system………...17
Government structure and criminal justice system……….19
The legislature……….19
The executive………...19
The judiciary………20
Components of the criminal justice system……….20
ix
Formal criminal justice system process in the United States of America………23
Criminal justice system in Canada………....26
Components of the criminal justice system in Canada………..27
Criminal courts in Canada……….29
Corrections in Canada………29
Criminal justice system in Australia………..30
Criminal justice system in the United Kingdom………31
Criminal justice process in the United Kingdom………33
Criminal justice in France………...35
Criminal justice system process in France………..35
Criminal justice system in African countries………..37
Criminal justice system in South Africa………..37
Components of the criminal justice system in South Africa………37
Criminal justice process in South Africa………..39
Criminal justice system in Nigeria………....40
The criminal justice system process in Nigeria……….42
Criminal justice system in Kenya……….43
Criminal justice process in Kenya………....46
Criminal justice in Francophone countries………...47
Chapter Summary……….47
Chapter Three: Historical Development of punishment and imprisonment Concept of punishment………54
Historical development of punishment………56
Punishment in the primitive societies………..56
Right to asylum………57
x
Retribution………. 58
The truce of God………58
The punishment of crime by the state………58
Hammurabi code………59
Mosaic period………60
The Roman empire……….61
The Germanic invasion of Rome………62
The feudal period………62
The Renaissance………..63
Gaols………64
The Work Houses………66
Transportation as a form of punishment………68
The Hulk……….69
Transported convicts to Australia………71
Alexander Maconochie………72 Early Reformers………...74 John Howard………74 Cesare Beccaria………76 Jeremy Bentham………...77 Auburn System………81 Elan Lyds………82 Theories of punishment……….83 Retribution……….84 Deterrence……….85 Individual deterrence………86 General deterrence………87 Rehabilitation………87
xi Prevention………90 Incapacitation……….90 Individual deterrence……….91 Rehabilitation……….91 General prevention………92 Chapter summary………..93
Chapter Four: Punishment and imprisonment in African societies Punishment in African societies before the advent of colonialism………98
Punishment and imprisonment during colonial era in African countries……….100
Prison in the colonial era in Kenya………...101
Prison in the colonial era in South Africa………104
Prison in the colonial era in Cameroon……….107
Prison in the colonial era in Nigeria……….107
Prison in the colonial era in Zambia……….111
Prison in the colonial era in Ghana………...111
Prison in the colonial era in Uganda………114
Prison in the colonial era in Angola……….115
Prisons in African countries after independence………..116
Chapter Summary………123
Chapter 5: Prison conditions, administration and independent monitoring United Nations Standard Minimum Rules in the treatment of prisoners. The Nelson Mandela Rules……….132
Kampala Declaration……….132
Prison conditions………133
Findings………..134
xii
Physical conditions of prisons………136
Prison conditions………141 Prison Overcrowding……….146 Medical care………..153 Separation of categories……….153 Food………160 Sanitation………165
Beds and beddings………..167
Administration………169
Independent monitoring……….173
Chapter summary………176
Chapter 6 Pre - trial detainees in African countries Definitions of pre - trial detainees………191
Population of pre trial detainees in prisons in Africa countries………193
Case studies of condition of pre- trial detainees………201
Mozambique………...202
Legal provision on the rights of pre -trial detainees in Mozambique………202
Findings on pre- trial detainees in Mozambique………202
Zimbabwe………...205
Legal provision on the rights of pre- trial detainees in Zimbabwe………245
Conditions of pre- trial detainees in Egypt………209
Pre - trial detainees in Kenya……….211
Legal provisions for people who are detained in Kenya………211
Findings of conditions pre trial detainees in Kenya………...211
Living conditions………211
xiii
Medical services………213
Beddings………214
Water ……….214
Food ………...215
Pre-trial detainees in Zambia………..216
Legal framework for pre trial detainees………216
Findings on condition of pre trial detainees………..217
Quality of infrastructure………217
Separation of categories………218
Complaint mechanism………218
Inspection………...219
Medical care………...219
Bed and beddings………...220
Food and Drinking water………220
Chapter Summary………...221
Chapter 7: Prisoners with Special Needs Prisoners with mental health care needs………228
Prisoners with mental care health needs in Ghana………230
Prisoners with mental care health needs in Egypt………232
Prisoners with mental care health needs in Ethiopia………232
Prisoners with mental care health needs in Zambia……….233
Prisoners with mental care health needs in Nigeria……….234
Prisoners with mental care health needs in South Africa………236
Prisoners living with disabilities……….239
Prisoners with disabilities in Kenya………241
xiv
Prisoner living with disabilities in Ghana………245
Prisoners living with disabilities in Nigeria……….247
Foreign national prisoners ………...249
Foreign national prisoners in prisons in African countries………..250
Treatment of foreign national prisoners………253
Prisoners living with HIV &TB………255
Women in prisons in African countries………260
Overview of women in prisons………260
Treatment and living conditions of women prisoners in Africa………..270
The Bangkok rules………272
Treatment of pregnant women prisoners……….274
Prison condition of women prisoners in Zimbabwe………274
Prison condition of women prisoners in Cameroon………278
Health care………278
Bed and beddings………279
Toilet facilities………279
Pregnant women………279
Ventilation………280
Separation of categories………280
Treatment and living condition of women prisoners in Sierra Leone………281
Living conditions………...281
Separation of categories………282
Detention without trial………...282
Living conditions of women prisoners in Tunisia………283
Pregnant women prisoners and women with children………284
Babies and young children in prisons in Africa countries……….285
xv
Prisoners on death sentence (death row) ………..292
Definitions……….292
An overview of death penalty in African countries……….. 292
Case studies of living conditions and treatment of prisoners on the death row…………...296
Death penalty in Democratic Republic of Congo ……….296
Treatment and living conditions on the death row in DRC………297
Legal provision of death penalty in Egypt……….298
Treatment and living conditions of prisoners on the death row in Egypt……….300
Death penalty in Ghana……….302
Legal provision of death penalty in Ghana………302
Population………..303
Treatment and living conditions of prisoners on the death row in Ghana……….303
Accommodation………304
Medical care………..304
Food……….305
Isolation………305
Visitation………306
Mental health of prisoners on the death row………..307
Legal context for death penalty in Zimbabwe………307
Population………308
Treatment and living conditions of prisoners on the death row in Zimbabwe………308
Older prisoners………310
Chapter Summary………313
Chapter 8: Summary, Recommendations and conclusion Prison conditions---332
xvi Prisoners with special needs---.344 Recommendation………353 Conclusion………..359
xvii
List of tables
Table 1: African countries, the total number of pre- trial detainees, date data was obtained, percentage of total prison population, and pre - trial/remand population per 100,000
Table 2: Ranking of African countries and the pre detainee percentage from Highest to Lowest Table 3: Foreign prisoners (percentage of prison population
Table 4: The female prison total population, date, percentage of total prison population, female prison population rate and trend information
Table 5 The Highest to Lowest - Female prisoners (percentage of prison population) Table 6 showing country and population of children living with their mothers in prison
Table 7: Countries, number of execution recorded in 2016 and statistics of people known to be under sentence of death as at the end of 2016
1 Chapter One
Introduction 1.1 Background to the study
The prison system which was designed to rehabilitate, for and reform offenders’ remains a topical issue and continued discourse among practitioners, researchers, scholars, and administrators in the criminal justice system in most nations of the world including African countries. One of the major issues of concern is the effectiveness of imprisonment as a means of rehabilitating offender and this has continued to generate discourse among policymakers in the criminal justice system, researchers, penologists, criminologists among others.
The prison systems in most African countries are riddled with various challenges such as overcrowding, poor prison environment, lack of professionals, inadequate medical attention, and inadequacy of rehabilitation programs among others (Nwolise, 2010, Matetoa, 2012). The consequence of problems encountered in most African prisons, make several ex-offenders to go back to crime after being released from prison, this creates insecurity and endanger the life and property of citizens. Some ex-offenders are re-arrested and remanded in prison, thereby compounding the overcrowding in the prisons and overstretching the inadequate facilities in the prison. This put to question the effectiveness of imprisonment as a punishment for crime. In developed countries, treatment of offenders has moved away from imprisonment or punishment to that of community corrections; however, this could not be said to be the situation in the administration of criminal justice system in Africa countries. In addition, not many studies have been conducted on the prison system in African countries. Furthermore, little or no study has been conducted trying to do a comparative analysis of prison systems in African countries with a view to find out if there are areas of commonality, peculiarities, and differences to provide an African model on how to resolve the problems of prisons in African countries, thereby reducing crime, as well as the rate of reoffending with a view to ensure that our societies safer.
2 1.2 Problem Analysis
The role of prisons and imprisonment in the criminal justice system cannot be overemphasized. This is because imprisonment remains the major form of punishment or treatment for offenders in most nations of the world including African countries. However, in spite of the importance of the prison system to African countries, not many studies have been conducted to investigate the prison systems in African countries. This has made it impossible to have relevant and current literature on prison systems in Africa.
Furthermore, lack of relevant information on the prison systems in African countries is denying the continent an opportunity to have knowledge of what are the challenges in prisons in African countries. Lack of information on the current trends in prisons in Africa would also make it difficult if not impossible to proffer solutions to those problems. The question, therefore, is ‘What is the current trend in prisons in African countries?’
Another major problem of prisons in Africa countries is the reported case of an increase in the prison population. According to Walmsley (2011), the prison population has increased in 71% of countries in Africa between the end of 2008 and beginning of May 2011.This poses a question, in view of the increase in the prison population of African countries, how has the prison system been discharging its statutory role of rehabilitating and reforming offenders in view of the increasing population? This question has become relevant because most prisons in African countries were the ones built by colonial masters for limited offenders as at that time and these prisons have suffered neglect while no new ones are being built.
An increase in prison population in African countries has its attendant consequences such as overcrowding, poor sanitation, overstretching of the infrastructure in prisons and the likelihood of the prison not fulfilling its rehabilitation role. If the prison system is not carrying out its rehabilitation role, this could lead to increase in the rate of reoffending among offenders. An increase in the rate of reoffending of offenders would not be justifiable taking into cognisance the cost of maintaining offenders while in prison and the negative effects of reoffending on victims of crime.
In addition, most African countries are signatories to treaties and charters such as Article Charter on Human and People’s Rights, United Nations Nelson Mandela Standard Minimum Rules for the Treatment of Prisoners, the Kampala Declaration and the Luanda Declaration. However, not many of these African countries seem to be abiding by these resolutions. The
3 question is which African countries are complying with these international standards and which are not? It would also be of interest to investigate what are the challenges confronting those who are yet to conform to the international norms and standards.
Some African countries are still using criminal justice system inherited from their colonial masters. According to the report of a Special Rapporteur on prison and conditions of detention (2012), some African states are still confronted with a criminal justice system that is the legacy of the colonial era that is guided by a retributive philosophy that is in dissonance with right based approaches that emphasise rehabilitation and reform.
In view of adopting programs from the western world to solve challenges in Africa criminal justice system in the past years, how successful are these intervention programmes? Is it not the time to identify specific problems related to prisons in African countries and design specific African concepts that are relevant to Africa to solve problems in prisons Africa countries? 1.3 Justification for the study
Without any doubt, prisons in most African countries have been described to be in crisis and not many studies have been conducted to investigate prison systems in African countries. This thesis is therefore aimed at exploring the prison systems in African countries.
Taking a cue from the fact that most prisons in African countries are in crisis, there is, therefore, a need for reforms in these prisons. However, for any meaningful reforms to be embarked on there is a need to collect relevant and current information about these prisons. Consequently, this thesis is expected to provide current information and statistics that could provide a framework to assist in designing reform programmes for prisons in Africa countries.
In addition, it has been observed that despite the fact that most African countries are signatories to treaties and charters such as United Nations Nelson Mandela Minimum Rules for the Treatment of Prisoners, most prisons in Africa have not conformed to most international norms and standards. This thesis would explore how far have prisons in Africa countries conformed to international standards and the various challenges of not conforming. In the final analysis, recommendations would be made to stakeholders in the criminal justice system on how the prison system could conform to international standards regarding prisons in African countries. Furthermore, there is need to identify specific problems and challenges peculiar to the prison systems in African countries during this world economic crisis as most countries of the world
4 are finding ways to reduce public spending. In view of this, it is pertinent to design model(s) that would address these challenges in view of the global economic crisis. This thesis will design an African model that can be employed and will be effective in addressing specific situations in prisons in African countries. This model is expected to improve service delivery and enable prison systems in African countries to be effective in discharging their statutory role in rehabilitating offenders.
This study is also timely taking into cognisance the intention of the international community to implement the post -2015 development agenda which recognises the importance of security and justice in ensuring stable and peaceful societies (United Nations High-Level Panel of Eminent Persons on the post-2015 Development Agenda,2014). This thesis would help African countries achieve this aim by describing the current trends in prisons in African countries and providing a framework that could address the identified challenges. This would enhance security and reforms in the criminal justice system in African countries thereby ensuring stable and peaceful African countries.
Since the debate on corrections is an on-going concern in the field of criminal justice systems, this thesis would also contribute to the discourse in the field by giving an African voice. It is also anticipated that it would stimulate further research.
1.4 Demarcation of Study
1.4.1 Comparative analysis of prison systems in selected African countries
• Identify areas of commonality, peculiarities and differences in the prison system of selected countries in Africa.
• Highlight the various challenges in the prison system of selected countries in Africa. • Make policy recommendations that could improve the prison system in the selected African countries.
• Design an African model that would be tailored towards resolving the various problems in African prisons.
In order to achieve the set objectives information will be obtained through review of literature along the following line:
5 • Review of the criminal justice system in African countries during the pre-colonial, colonial and post-colonial era
• Historical background of imprisonment - international and selected African countries • Philosophical underpinning of imprisonment
1.4.2 Comparative study
The comparative study would be conducted using the United Nations Nelson Mandela Standard Minimum Rules for the Treatment of Prisoners, the Kampala and Luanda declarations as a benchmark to evaluate if prisons in countries in Africa meet the minimum international requirements considering the following indicators.
• Prison conditions viz-a vis physical structure of prisons, prison conditions and treatment of prisoners,
• Treatment and conditions of pre-trial detainees
• Prisoners with special needs such as prisoners with mental health care needs, prisoners living with disabilities, foreign national prisoners, older prisoners, prisoners on the death row and prisoners living with HIV/AIDS
• Women prisoners, pregnant women prisoners, and babies living with their mothers in prison. 1.5 Research methodology
Research design
A research study is designed to describe, explain and validate findings. This thesis is designed to investigate prison systems in African countries. To be able to achieve its purpose, the research is expected to answer some research questions which would enable the researcher to make rational decisions. In a bid to answer research questions, a research design is required. Research design can be described as a comprehensive and detailed outline of how the investigation will be conducted. Trochim (2006) refers to research design as the structure of research, the “glue” that holds all of the elements in a research project together. It is the logical structure of the inquiry. A research design is to include how the data is to be collected, what instrument will be used to collect data, how the instrument will be used and intended means of analysing the data.
6 The importance of research design cannot be over emphasised in that it is to ensure that data obtained provides answers to the research questions as unambiguously as possible. In addition, research design helps to minimise the possibilities of drawing incorrect inferences from data obtained.
Data would be obtained through the review of related literature. The choice of this data collection technique is predicated on the outlook of the research topic. The researcher would take into account the limitations of textual data in the course of the study.
1.6 Research method
Research method refers to a process to collect information and data to make decisions. It could also mean technique(s) of collecting data systematically. For the purpose of obtaining data in this thesis, the researcher will use both a qualitative and quantitative strategy of inquiry. Qualitative research according to Dezin (2000:8) emphasised the qualities of entities, processes, and meanings that are not examined and measured in terms of quantity, amount, intensity or frequency. It could also be described as a research approach that gives meaning, concepts, definitions, characteristics, metaphors, symbols and description of things (Berg, 2007).
The qualitative mode of inquiry is found suitable for this study because it would enable researcher answer the question regarding the trend in prison systems in African countries and whether thre prison conditions adhere to international standards. In addition, the thesis is to collect information from multiple sources rather than a single source, after which the researcher would review all data, make sense out of it and organise the findings into categories and themes that cut across the sources data. This according to Denzin &Lincoln (2011) is a key characteristic of a qualitative study.
A quantitative model of inquiry, descriptive research strategy would be employed to obtain data that could be represented numerically such as prison population, the percentage of certain categories of prisoners in ratio of total prison population, as well as prison population in relation to the total population of some Africa countries. A good description is fundamental to the field of research and it has added immeasurably to our knowledge of the shape and nature of society. This mode of inquiry is found to be appropriate because the focus of the study is to explore the current trend in prisons in African countries thereby providing knowledge of prison systems in African countries.
7 In addition, an accurate description of the trends in prisons in African countries could play a key role in designing frameworks that could lead to reforms in prisons in African countries. Furthermore, a good description of trends provokes the “why” question that could lead to an explanatory research. To be able to answer the question “why” we must be sure of the facts and dimension of the phenomenon, in this case, the trend in prisons in African countries. This thesis would describe the trends in prisons in African countries, it is expected that the data to be presented by this study could lead to the question why do we have such trends in African countries? Thereby provoking action that could culminate in reforms in prisons in African countries.
1.7 Data collection
Data was obtained primarily from literature search and review of related literature. The review of the literature would among other things examine various studies that have been conducted in relation to the prisons and prison conditions in African countries. This would enable the researcher to identify gaps in the literature that needs to be filled.
The sources of information for this included: • Books
• Reports from international organisations such as United Nations, United Nations Office on Drugs and Crime, Penal Reform International, international conventions and treaties among others.
• Journals (Local, Africa and International) • Related reports from selected countries • Government legislation, policies, Acts • Previous studies on prison system • Web-based information
• National data 1.8 Expected outcome
8 Report on whether prisons in Africa countries comply with international standards
regarding treatment of prisoners
Highlighting the various challenges in prisons in Africa
Making recommendations that could inform policy formulation regarding prison reforms in Africa
Design a model with African content on how to resolve the various problems to be identified
Stimulate further research 1.9 Chapter outline
Chapter 1: Introduction
This chapter consists of the introduction, background to the study, problem analysis, and demarcation of the study, research methodology, data collection, expected outcome, chapter outline, and limitations of the study.
Chapter 2: The Criminal justice system
This chapter comprises of a review the Systems Theory with a view to ascertain whether the criminal justice system can actually be regarded as a system. In addition, the chapter highlights the criminal justice system from a global perspective, exploring the criminal justice system in countries like the United States of America, United Kingdom, Canada, and France. In addition, the criminal justice systems in some African countries were reviewed. Emphasis was on the various components of the criminal justice system, the objective, functions, and roles of each of these components. The working relationship of these components was examined.
Chapter 3: Historical development of imprisonment
In this chapter, the researcher reviewed the literature on the concept of imprisonment, the evolution of prison and imprisonment in the biblical era, prisons and mode of punishment in the middle ages. Other aspects considered in this chapter are various reforms and early reformers, various developments of prison in America, the philosophy of imprisonment and theories of punishment were explored.
9 Chapter 4: Concept of punishment and imprisonments in African countries
The traditional concept of punishment before the introduction of imprisonment in African countries was investigated. In addition, the historical background of imprisonment and various developments in prisons African countries was examined.
Chapter 5: Prison conditions in African countries
In this chapter, the researcher investigated the current trend in prisons in African countries and explored whether the prison conditions and treatment meets international standard. This investigation was conducted based on some indicators that included, prison conditions represented the physical structures, the treatment and condition of prisoners with emphasis on overcrowding, medical care, segregation of categories, food, sanitation, beds and beddings administration and independent monitoring.
Chapter 6: Pre Trial detainees
This chapter reviewed and presented the findings of literature on pre-trial detainees in African countries. The findings include statistics of pre-trial detainees and treatment and living conditions of pre – trial detainees using Nelson Mandela Rules as a bench mark to measure whether the conditions and treatment of pre- trail detainees meet international standards. Chapter 7: Prisoners with Special needs
This chapter explored and presented the findings of the review of literature of prisoners with special needs. The category of prisoners with special needs considered in this chapter include, prisoners with mental health needs; prisoners living with disabilities; foreign national prisoners, prisoners on the death row; older prisoners and prisoners living with HIV &TB. In addition, this chapter of the thesis gave a report on the population of women prisoners, the treatment and living conditions of women prisoners, pregnant women as well as children living with their mothers in prisons.
Chapter 8.
Summary, Recommendations, and Conclusion
In this chapter, a summary of the findings was given and based on the findings of the study, recommendations were made to stakeholders in the criminal justice system in African countries, and conclusions of the study was drawn.
10 1.10 Limitation of the study
This thesis was designed to explore the prison system in African countries and its strategy of obtaining data was through a literature search. This section intends to highlight some of the limitations of the study.
One of the limitations of this thesis is the fact that the study did not consider prisons in all countries in Africa. This is due to the fact that the researcher was unable to obtain data of some countries some countries do not make information on prisons available. Some countries still treat information about prisons in secrecy. Moreover, this study is time-bound and exploring the prisons in all African countries may have negative consequences on the timing of the study. Additionally, this study relied solely on information from secondary data such as books, reports, and other research studies amongst others. The researcher did not obtain data from primary sources such as paying visits to these prisons to ascertain some of the findings obtained during the literature search.
Furthermore, there is a dearth of information on prisons in African countries. Not many empirical studies have been conducted on the treatment and conditions of prisoners and even the prison management in general. It needs to be pointed out that some of the available information is not national in nature in that the study may be confined to a part of a country. This makes it impossible to generalise the findings of such studies
Likewise, empirical data is almost non- existent in the case of some categories of prisoners. These categories of prisoners include such as older prisoners, prisoners with disabilities, foreign national prisoners and pre-trial detainees. For instance, pertaining to information on the treatment on conditions of pretrial detainees, information on the general prison population is often used. This may not represent some particular concerns of pretrial detainees.
In addition, there is no national data with regards to some aspects of prison life. For example, there is no national data in respect of prisoners with mental health challenges, prisoners living with HIV &TB just to mention a few.
Another form of limitation is that the researcher has to obtain data from the media and website sources. At times these sources may not be credible enough. It would have been much better if there are more empirical sources of data.
11 On a final note, the majority of the sources of data are from foreign sources. One could not rule out the element of bias in some of these sources. Taking a cue from the fact that there could be negative perceptions of African countries by the Western world.
12 References
Berg, L (2007). Qualitative Research Methods for the Social Sciences. 6th Edition. San Francisco: Pearson Education, Inc.
Creswell, J. W (2009). Research Design: Qualitative, Quantitative and Mixed Methods
Approaches.3rd Edition. Los Angeles: Sage Publications, Inc.
Denzin, N.K & Lincoln, Y.S (2000). Handbook of Qualitative Research. Thousand Oaks: Sage Publications, Inc.
Matetoa, J.M (2012). The professional role of correctional officers in the rehabilitation of offenders. Ph. D thesis. University of South Africa. Pretoria, South Africa.
Nwolise, O.B.C (2010). Bridging the funding gap in corrections: The urgent need for increased financial vitamins in African correction services. Paper presented at the Biennial Conference of the African Correctional Services Association, held in Accra, Ghana, September 13-17,2010.
United Nations High-Level Panel of Eminent Persons on the post-2015 Development Agenda (2014). A new global partnership: Eradicate poverty and transform economies through sustainable development. United Nations, the road to dignity by 2030: Ending poverty, transforming all lives and protecting the planet: Synthesis report of the Secretary-General on the post-2015 Agenda, 4 December 2014.Available at http://www .un.org/en/development/Desa/policy/untaskteam_undf/HLP%20P2015%20Report.pdf.Access ed on January 21, 2017.
The African Commission on Human and Peoples Rights (1996). The Special Rapporteur on Prisons, Conditions and Detention and Policy in Africa.Available at http://www.achpr.org/mechanism/prisons-and-conditions-of-detention.Accessed on May 24, 2017.
Trochim,W.M.K.(2006).Qualitative measures. Available at
www.socialresearchmethods.net/kb/qual.php. Accessed on June 6, 2016.
Walmsey, R (2011). World prison population. Ninth edition. Available at www.idcr.org.Accesed on February 25,2017.
13 Chapter Two
Criminal justice system 2.1 Introduction
In this chapter, the researcher examines the system theory as an underpinning theory to explain the criminal justice as a system. In addition, this chapter explains the criminal justice system; review the origin of criminal justice system, the components of the criminal justice system, and the criminal justice system and the government structure. In addition, the criminal justice system of countries in the world such as United States of America, United Kingdom, Canada, France and some African countries were also reviewed. The review includes among other things the components of the criminal justice systems, their role and area of the interdependence of the various agencies in each of these countries.
2.2 The Systems theory
There have been various definitions and interpretation of the word "system". In one of such definitions, a system is described by Merriam Webster dictionary as a regularly interacting or independent group of items forming a united whole’ (Merriam Webster Dictionary,2016) ". Another definition of a system is given by Business Dictionary as ‘an organised, purposeful structure that consists of interrelated and interdependent elements (components, entities, factors, members’ parts, etc. These elements continually influence one another (directly or indirectly to maintain their activity and the existence of the system, in order to achieve the goal of the system’ (Business Dictionary, n.d). Rapoport (1986: xvi) defined a system as a whole, which functions as a whole by virtue of the interdependence of its part. In summary, from the researcher's perspective of the various definitions of a system, for a system to exist certain conditions must be met. These conditions include one, there must be different components; two, these components must interact and are interdependent; three, the interaction must be in a defined environment; four, there must be a purpose or goal that the components intend to achieve; five, there must be an input; and six; the interaction must have an output. It is expected that the interaction of the various components would have an effect on the input.
Rapoport went further to submit that the method which aims at investigating how this is brought about is the widest variety of systems is referred to as General System Theory. Systems theory as it is known today was employed by L.von Bertalanffy, a biologist as the basis for the field often known as general system theory a multi-disciplinary field in 1968.System theory is a
14 transdisciplinary study of the abstract organisation of phenomenon, independent of their substance, type of spatial or temporal scale of existence. System theory also investigates both the principle common to all complex entities and the (unusually) mathematical models which can be used to describe them (Heylighen& Josylyn, 1992).
Van Bertalanffy emphasised that real system is open to, and interact with, their environment and that they acquire qualitatively new properties through emergence, resulting in continual evolution. Bouler (1981) made efforts to explain how related components at different levels interacted with one another in forming a system, including the interaction of these various units at different levels of interrelationships among the units.
Furthermore, he attempted to develop useful generalisation across systems, it was argued that all systems had some characteristics in common and that it was useful to understand different systems in terms of these commonalities. It was put forward that a whole system was more than the sum of its parts and therefore the parts of a system are better understood in the context of the whole.
According to Bernard, Paoline & Pare (2005), in a bid to generalise the use of General Systems Theory, the theory moved beyond descriptive terminology asserting that the concept and proportions of GST were a mechanism for an understanding of the phenomenon under study. General System theory has been employed to explain and further understand different concepts in various fields such as organisation (Foster,2012); medicine (Decker&Redhorse,2014); management (Charlton &Andrai,2003, Mele, Pels &Polese,2010); social work (Staff,2014); communication (Infante, Rancer & Womack,1997); economics (Hoddgson,1987, Intriligatot,1980); political science (Kaplan, 1968); and criminal justice (Bernard et .al, 2005). 2.3 Criminal justice and the system theory.
There have been various studies on the relevance of the system theory to the criminal justice system (Walker, 1972, Gigch, 1978, Kriska, 2004, Bernard et.al,2005). However, opinions of researchers in criminal justice differ regarding the relevance of system theory to the criminal justice system.
For instance, Walker (1972) opined that criminal justice is a system. He hinged his position on the fact that criminal justice system agencies and institutions (police, courts, and corrections) were interrelated and are working towards a common goal.
15 In another study, Gigch (1978) used GST as a framework for understanding the major criminal justice components (that is police, courts, and corrections) as well as additional levels of agencies and institutions. He reasoned that, there was a whole criminal justice system that was greater than the sum of the individual parts; that there was multiple interlocking and overlapping system in criminal justice as was true of complex organisation (Gigch,1978:23-25). He went further to say that specific criminal justice agencies and agents were subsystems within the criminal justice system, which itself was a subsystem within the larger political, economic, educational and technical system. Therefore, he described criminal justice as a system.
Furthermore, Kraska (2004) argued that the systematic approach to criminal justice facilitated the observation of criminal justice in macro terms (looking at the big picture). He claimed that system theory is a useful perspective for potential reform and improvement of criminal justice because the goal of system theory is to make systems more effective by detecting problems and focusing on organisation and management concerns. He declared that system was not resounding among criminal justice scholars because it was ‘not adopted in its entirety' instead in bits and pieces' were included and excluded where convenient.
In addition, Bernard et.al (2005) employed GST to analyse the American criminal justice system. The researchers alluded to the fact that the system theory reveals essential insights into criminal justice structure and functions. They reported that criminal justice agents and agencies are best understood as operating in the context of the larger whole and concluded that criminal justice system is a system in the sense of general system theory.
However, some scholars in the criminal justice system hold a different view that criminal justice is not a system. Amongst them are Skoler (1977) who submit that criminal justice could not be regarded as a system because of lack of clearly defined goals across system across systems component. Duffee (1990:3) disagree that criminal justice is a system based on the fact that the various agencies of the criminal justice system namely, the police, courts, and corrections regardless of the fact that they are working in the same locality and under same laws have contradictory objectives and with such independent set of constraints it becomes difficult to imagine that the primary determinant of criminal justice agency action is the action and needs of other criminal justice agencies. Disagreeing with the position of Skoler and Duffee, Maguire, Howard& Newman (1998:38) argued that the criminal justice system (and the subsystems within them) shared at least three notable objectives shared at least three, these
16 are effectiveness, fairness, and efficiency. Another position different from the two positions earlier mentioned that criminal justice is a system or not, Hagan (1989) took a midpoint by stating that criminally justice system was a "loosely coupled" system.
From all discussed, it is evident that the argument on whether criminal justice is a system or not is an on- going discourse. It is the researcher's expectation that as a follow up on this study, efforts would be made by researchers in the criminal justice in Africa to explore whether the criminal justice in Africa is really a system or not.
2.4 What is criminal justice?
Criminal justice is a field of study that deals with the nature of crime in society as well as analysing the formal processes and social agencies that have been established for crime control (Senna & Siegel, 1996). The core of criminal justice is crime and how to control or manage crime. Crime is part of the society. According to a foremost sociologist, Durkheim, crime is a social fact, a feature of the society rather than individuals. He went further to say that crime was evident to all societies, it (crime must be seen as a normal endemic feature). Therefore, crime is not abnormal, endemic in every society; it is simply part of normal industrial societies where people live in the complex social organisation. Crime is a normal aspect of a healthy society, as a society without crime must be extremely repressive and dysfunctional. Though crime may be endemic in societies, there is, however, a need to control crime.
In a bid to control crime, concerted efforts have been made to establish agencies of government whose task is to identify perpetrators of crime, providing them with a fair hearing on whatever charges against them, and if found guilty as charged, punishing them with fair and effective correction treatment (Sienna&Siegel,1996:16). Hence the evolvement of the criminal justice system. Interplay of these agencies of government to control crime is what is referred to as criminal justice system.
The criminal justice system is the set of agencies and processes established by the government to control crime and impose penalties on those who violate laws (National Centre for Victim of Crime, 2008). In another definition, the criminal justice system is the system of practices and institutions of government directed at upholding social control, deterring and mitigating crime or sanctioning those who violate the law with criminal penalties (Wikipedia, 2017). The criminal justice system according to Daly (2011) could be defined as "a loosely coupled collection of interdependent agencies each having specific functions (which can be in conflict
17 with other agencies) that are subject to legal regulations, where agency workers have great discretion in making decisions when responding ( not responding) to harms defined as criminal by the state, and where value conflict exists within and across agencies and in general population about the meaning of justice..
2.5 Historical background of criminal justice system
The origin of effective control of crime can be attributed to the 1764 publication of an Italian social thinker, Cesare Beccaria's famous treatise ‘On crime and punishments’. In the publication, he put forward a convincing argument against the use of torture and capital punishment which were prevalent in the 18th Century. He persuasively argued that only the minimum amount of punishment was needed to control crime, if the criminal could be convinced that their law violations were certain to be discovered and swiftly punished (Beccaria,1794).
As a fall out of Beccaria’s argument, scholars and experts have been in search of a social policy that would effectively control crime, treat criminals, protect victims and ultimately benefit society as a whole. Within a period of 50 years of his publication, the first police agency, London Metropolitan Police was established to maintain peace and identify criminal suspects and the first prison was created to provide non-physical correction treatment.
In 1891, the concept of criminal justice began to be recognised. A crime commission named "The Chicago Crime Commission", a professional association funded by private contribution was established. The commission acted as citizen's advocacy group and kept track of the activities of local justice agencies (Walker, 1980). The commission is still operational.
The groundbreaking work of the Chicago group was replicated in a number of other jurisdictions in the United States of America. In 1922, one of the replicas of Chicago commission, Cleveland Crime Commission provided a detailed analysis of local criminal justice policy and discovered a widespread use of discretion, plea bargain and other practices unknown to the public.
Some commentators view the Cleveland Crime Commission survey as the first that treats criminal justice as a people processing system, a view that is still subsisting until today (Walker,1980). In 1931, President Herbert Hoover appointed the National Commission on Law Observance and Enforcement which is commonly known today as Wickersham Commission. The Wickersham Commission made a detailed analysis of the U.S justice system
18 and helped usher in an era of treatment and rehabilitation. It also revealed in details the various rules and regulations that govern the system. In addition, it exposed how difficult it was for justice personnel to keep track of the system's legal and administrative complexity (Walker,1980)
According to Samuel Walker, the justice historian, the modern era of criminal justice can be traced to a series of research projects which first began in the 1950s under the sponsorship of American Ford Foundation (Walker,1992). The research project was originally designed to improve an in-depth analysis of the organisation, administration, and operation of criminal justice agencies. However, while the project was on-going it became apparent that the justice system contains certain procedures many that have been kept secret from the public view (Senna &Siegel,1996:16). The focus of research now shifted to the obscure processes and interpretations, investigation, arrest, prosecution and plea negotiations. From the finding of the various researchers, it became obvious that justice professionals employed a lot of personal choice in decision making and showing how these discretions were used became the prime focus of the research effort
For the first time, the term criminal justice system was introduced and to be used, describing a view that justice agencies could be connected in an intricate yet often observes network of decision-making processes. In 1967, the President's Commission on Law Enforcement and Administration of Justice (‘the crime commission') which was appointed by President Lydon Johnson published its final report entitled ‘The challenge of crime in a free society' (President's Commission on Law Enforcement and the Administration of Justice, 1967). This group of practitioners, educators, and attorneys was charged with creating a comprehensive review of the criminal justice process and recommending reforms.
At the same time, the U.S Congress passed the Safe Streets Crime Control Act of 1968 providing for the expenditure of federal funds for states and local crime efforts. This Act helped launched a massive campaign to restructure the justice system in the U.S.
2.6 Government structure and the criminal justice system
The criminal justice system is a subsystem within a larger political, economic, educational and technical system (Gigch, 1978). It is therefore imperative to describe the relationship between the criminal justice system and the structure of government.
19 In most nations of the world, there are three organs of government namely the executive, legislature, and the judiciary. These three organs of government provide the basic framework for criminal justice in most countries. For instance, the legislature makes laws that determine which acts or conducts is against the law, establishing penalties for criminal violations and rules for criminal violation and rules for criminal procedure. The courts, interpret the law and determines whether it meets constitutional requirements while the executive arm of government plan programs, appoint personnel, and exercises administrative responsibility for criminal justice agencies.
A further insight into the roles of the three organs of government viz – a- viz criminal justice system is highlighted below:
The legislature
The main role of the legislature in the criminal justice systems is to define or describe what criminal behavior is and to stipulate penalties for committing such crime. The legislature carries out this responsibility by the virtue of the power conferred on her by the constitution. The legislature also passes laws involving criminal procedures. These include rules and regulations concerning arrests, search warrants amongst others. In addition, the legislature approves funds for agencies in the criminal justice systems. The legislature also serves as a forum for expressing public opinions on criminal justice issues (public hearing).
The Executive
The executive arm of the government in most cases appoints judges to the various courts. It is the responsibility of the executive to appoint heads of agencies of criminal justice systems such as the head of police, head of corrections, head of judiciary and head of Justice Ministry or Department. The executive has the powers to remove administrative heads of agencies of the criminal justice system. Furthermore, the executive in the name or office of the President or governor have the constitutional powers to grant pardons for the crime.
The Judiciary
The judiciary is represented by the various courts, the courts conduct criminal trials, and impose sanctions, and sentences on guilty offenders
20 2.7. Components of the criminal justice system
The criminal justice system has 3 basic or major components namely, the law enforcement agents; adjudication (courts which include, judges, prosecutors, defense lawyers); and corrections (prison officials, probation officers, and parole officers).
Law enforcement agents: In most cases, law enforcement agents are referred to as the police. The police officers are the first contact with crime or offenders in the criminal justice system. The responsibilities of the police in the criminal justice systems include preventing crime, maintaining order, arresting offenders, investigating and gathering evidence. In addition, law enforcement agents bring forth charges against the offender and, protect life and property. Courts
The second in line of the criminal justice system is the court of law. The courts have personnel who make the system to work. They are the judges, the prosecutors, and defense lawyers. It is at the courts that the criminal responsibility of the accused is determined. It is the responsibility of the courts to declare an accused guilty of an offense and proclaim a sentence. It is important to mention that concerted efforts are made to ensure that an innocent person is set free without any adverse consequences.
The judge: who in some cases are described as finders of facts, preside over the proceedings at the courts and hear the cases. It is also the responsibility of the judge to ensure that all laws are strictly followed while the trial is on-going. Judges are empowered by the law to sentence convicted offenders for their criminals.
Prosecutors: are legal officers who represent the state (government) in the course of the trial from the commencement to the end of the case. They present evidence(s) in court, question witnesses and decide (at any point after charges have been filed) whether to negotiate plea bargains with defendants. The major responsibility of the prosecutor is to prove the guilt of an accused person.
Corrections: The third component of the criminal justice system is corrections. The role of corrections is to uphold and administer sentences handed down by the judge. It also represents the post-adjudicatory care given to offenders when a sentence is imposed by the courts (Senna &Siegel, 2002:6). Corrections works to protect the society by assigning appropriate punishments for offenders and this include jail or prison time, parole or probation. Personnel
21 in corrections component of the criminal justice system include prison officials, probation officers, and parole officers.
2.8 Criminal justice system in the United States of America
The criminal justice system in the United States of America has been in existence for about 200 years and is fully entrenched the American culture. In the United States, the criminal justice system is divided into three categories namely federal, state and military (Smith,2017). The criminal justice system in the U.S has been described at various times and in different ways but there are basic concepts that are common. For instance, the criminal justice system in America has been described as to mean a collection of federal, state and local public agencies. The criminal justice system is the set of agencies and processes established by governments to control crime and impose penalties on those who violate laws (National Center for Victims of Crime, 2008). Criminal justice system according to Senna & Siegel (2002:4) are the various stages through sequential stages through which offenders pass from the initial contact with the law to final disposition and the agencies charged with enforcing the law at each stage of these charges.
According to De Roche (2012), the criminal justice in America was created to keep communities safe, to respect and restore victims and to return offenders who leave prison to be self sufficient and law abiding. To carry out these responsibilities of the criminal justice system in America are three (3) main components namely, the law enforcement, the court system and the correctional system (Senna &Siegel, 2002:5). To corroborate the assertion of Senna & Siegel, Kappler (2012) submit that the criminal justice system in the U.S comprises of three primary and discernible components: police, courts, and corrections and it (the criminal justice) are sometimes referred to as sub - system. This suggests that the components of criminal justice systems in the U.S are interrelated, interdependent and they strive to achieve a unified goal of controlling crime in the U.S.
Furthermore, these agencies are to provide solutions to the problems of crime and to shape the direction of crime policy. Likewise, the loosely organised collection of agencies is charged with the responsibility of protecting the public, maintaining order, enforcing the law, identifying transgressors, bringing the guilty to justice and treating criminal behavior.
The first component of the criminal justice system in America is the law enforcement agencies. The law enforcement agencies are the first contact an offender has with the criminal justice
